Notification on the decisions from the review session held on 27 January 2021

27.01.2021

In the review session held on 27 January 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 160/19, KI 161/19, KI 162/19, KI 164/19, KI 165/19, KI 166/19, KI 167/19, KI 168/19, KI 169/19, KI 170/19, KI 171/19, KI 172/19, KI 173/19 and KI 178/19; 2. KI 181/19, KI 182/19 and KI 183/19; 3. KI 39/20 and 4. KI 179/20. Below you can read the brief summaries of decisions (full texts of decisions will be submitted to the parties, will be published on the Court’s website and in the Official Gazette during the following days):

1. Case: KI 160/19, KI 161/19, KI 162/19, KI 164/19, KI 165/19, KI 166/19, KI 167/19, KI 168/19, KI 169/19, KI 170/19, KI 171/19, KI 172/19, KI 173/19 and KI 178/19
Applicant: Muhamet Këndusi and others

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-13-0181-A0008] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, of 29 August 2019, whereby the Applicants alleged that their rights guaranteed by Articles 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo, in conjunction with Article 6.1 (Right to a fair trial) and Article 1 of Protocol no. 1 (Protection of property) of the European Convention on Human Rights have been violated.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rule 59 (1) (a) of the Rules of Procedure:

DECIDES

I. TO DECLARE the Referral admissible;

II. TO HOLD that for Referrals no. KI160/19, KI161/19, KI162/19, KI164/19, KI165/19, KI166/19, KI167/19, KI168/19, KI169/19, KI170/19, KI171/19, KI172/19, KI173/19, there has been a violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo in conjunction with Article 6 (Right to a fair trial) of the European Convention on Human Rights;

III. TO DECLARE Judgment [AC-I-13-0181-A0008] of 29 August 2019 of the Appellate Panel of the Special Chamber of the Supreme Court invalid;

IV. TO REMAND the case for retrial to the Appellate Panel of the Special Chamber of the Supreme Court, in accordance with the findings of this Judgment;

V. TO ORDER the Appellate Panel of the Special Chamber of the Supreme Court to notify the Court, in accordance with Rule 66 (5) of the Rules of Procedure, about the measures taken to implement the Judgment of the Court by 26 July 2021;

VI. TO DECLARE Referral no. KI178/19 submitted by Applicant Jakup Abaz Agaj inadmissible.

2. Case: KI 181/19, KI 182/19 and KI 183/19
Applicant: Fllanza Naka, Fatmire Lima and Leman Masar Zhubi

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-13-0181-A0008]of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, of 29 August 2019, whereby the Applicants alleged that their rights guaranteed by Articles 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo, in conjunction with Article 6.1 (Right to a fair trial) and Article 1 of Protocol No. 1 (Protection of property) of the European Convention on Human Rights have been violated.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rule 59 (1) (a) of the Rules of Procedure:

DECIDES

I. TO DECLARE the Referral admissible;

II. TO HOLD that there has been a violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo in conjunction with Article 6 (Right to a fair trial) of the European Convention on Human Rights;

III. TO DECLARE Judgment [AC-I-13-0181-A0008] of 29 August 2019 of the Appellate Panel of the Special Chamber of the Supreme Court invalid;

IV. TO REMAND the case for retrial to the Appellate Panel of the Special Chamber of the Supreme Court, in accordance with the findings of this Judgment;

3. Case: KI 39/20
Applicant: Cihan Ozkan

The subject matter of the Referral was the constitutional review of the decision [AA. No. 669/2019], of the Court of Appeals of Kosovo of 22 October 2019, whereby the Applicant alleged that his fundamental rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to a fair trial) of the European Convention on Human Rights have been violated.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 47.2 of the Law on the Constitutional Court and Rule 39 (1) (b) of the Rules of Procedure, the Referral be declared inadmissible.

4. Case: KI 179/20
Applicant: Telecom of Kosovo J.S.C.

The subject matter of the Referral was the constitutional review of the Decision [Ac. No. 3610/20], of the Court of Appeals of Kosovo of 8 October 2020, whereby the Applicant alleges that his rights guaranteed by Articles 22 [Direct Applicability of International Agreements and Instruments], 24 [Equality Before the Law] and 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to a fair trial) of the European Convention for the Protection of Human Rights have been violated. The Applicant also requested the Court to impose interim measure, in order to prevent the execution of the challenged decision [PPP. No. 1486/19], of the Basic Court in Prishtina of 6 July 2020, as well as the Enforcement Order [P. No. 491/19], of 15 July 2019.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that the Applicant’s request for imposition of an interim measure be rejected and in accordance with Article 113.7 of the Constitution, Articles 20, 27 and 47 of the Law on the Constitutional Court and Rules 39 (1) (b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.